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103367
Individual Podcasts

Property Contract Clauses and GST - Who is Entitled to What and From Where?

It’s not always as simple as charge GST, collect GST, pay GST and move on, particularly if a transaction relates to property. This session looks into where issues can arise that create GST uncertainty and strategies to minimise any potential damage, including: How a GST clause
PRESENTED BY Andrew Sommer Partner - Clayton Utz , Sydney

Date/Time

About the Podcast

It’s not always as simple as charge GST, collect GST, pay GST and move on, particularly if a transaction relates to property. This session looks into where issues can arise that create GST uncertainty and strategies to minimise any potential damage, including:

  • How a GST clause in a contract can be void due to uncertainty and what the implications are (Cityrose Trading Pty Ltd v Booth [2013] VSC 504)
  • How are disputes being settled that arise from contracts saying GST inclusive where no GST is payable?
  • What are the issues if GST is incorrectly collected on a supply of residential premises, where the GST:
    • has been remitted to the ATO?
    • hasn’t been remitted to the ATO?
  • How errors in the course of using the margin scheme can create GST dilemmas (Belconnen Lakeview Pty Ltd v Lloyd [2021] FCAFC 187)
  • When will the ATO refund excess GST paid? (GSTR 2015/1, MT 2010/1)
  • Strategies for contract drafting :
    • if uncertainty exists on whether GST applies
    • to minimise uncertainty in the first place
  • Practical examples

Presented By

Andrew Sommer
Partner, Clayton Utz Sydney, NSW

Andrew Sommer is the National Practice Group Leader for our Taxation group and is an experienced tax lawyers who advises on a wide variety of indirect tax matters including GST, income tax, fringe benefits tax, land tax and pay roll tax.

Andrew has extensive experience in the GST aspects of financing structures (including securitisations), major projects, property transactions and the whole range of commercial transactions and is experience in the conduct and management of disputes with revenue authorities and litigation at all levels, including proceeding before the High Court. Andrew has also been responsible for various submissions lodged with the Australian Taxation Office and Commonwealth Treasury on behalf of clients and industry groups.

Andrew regularly presents on GST and indirect tax issues at tax specialist conferences. Andrew is a member of the Australian Taxation Office’s indirect Tax Rulings Panel and a member of the ATO’s GST Stewardship Group.

CPD Information

0.5 CPD hours/units

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